Judge orders Trump to sit for a deposition in his defamation lawsuit
against the BBC by Dec. 11
[October 23, 2026]
By DAVID FISCHER
MIAMI (AP) — A federal judge on Thursday ordered President Donald Trump
to sit for a deposition in his $10 billion defamation lawsuit against
the BBC by Dec. 11.
The order from U.S. Magistrate Judge Enjoliqué Lett came as lawyers for
the British broadcaster complained that Trump had delayed his appearance
in his own lawsuit. Charles Tobin, attorney for the BBC, said that with
two months left in the discovery period, “we still haven’t been able to
depose the plaintiff.”
Meanwhile, it remained uncertain whether former special counsel Jack
Smith would be allowed to sit for a deposition. Federal rules require
current and former employees to receive permission from agency heads
before testifying in court cases. Smith has requested permission but has
not received an answer, and the judge ruled that the department must
respond to him by Nov. 2.
In arguments about Trump's deposition, Tobin noted there had been an
agreed-upon date of Oct. 16, but Trump had canceled it for a “matter of
national importance.” He said the Republican president was in fact
campaigning in Georgia that day. “He was participating in party politics
and prioritized that over sitting for the deposition,” Tobin said.
Lett said Trump must sit for a deposition by Dec. 11, or face sanctions
up to dismissal of his lawsuit — unless the discovery period is extended
by the presiding judge.
Discovery, where lawyers for both sides exchange documents and other
evidence, is scheduled to end Dec. 18, and the BBC's attorneys want to
make sure they have Trump’s deposition before that deadline. Lett said
only the presiding judge assigned to the case can alter the trial
schedule, and the defense said it would be open to scheduling the
deposition at a later time if the trial schedule was also changed.
Trump, who has often avoided depositions, filed his lawsuit against the
BBC last December. He accused the publicly funded broadcaster of
defamation as well as deceptive and unfair trade practices related to a
documentary, “Trump: A Second Chance.”
The BBC acknowledged that filmmakers spliced together quotes from
different sections of the speech Trump delivered to his supporters on
Jan. 6, 2021, before the storming of the U.S. Capitol, to make it seem
he was directly urging violence. The broadcaster apologized over the
editing, and the head of the BBC and its top news executive both
resigned. But the BBC has denied Trump’s claims that it defamed him.
Trump's attorneys also argued against recording his deposition on video,
asking for only a court reporter. The judge ruled that the deposition
could be recorded on video but only for attorneys, meaning it wouldn’t
be released to the public.
It remained unclear whether Jack Smith would be allowed to sit for
deposition
To bolster its defense, the broadcaster subpoenaed former special
counsel Jack Smith earlier this month. Trump’s lawyers have argued that
there is no good reason for Smith, who is not a party to the case, to
appear. The BBC has said Smith has extensive knowledge of what happened
that day.
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President Donald Trump speaks to reporters after arriving on Air
Force One, Wednesday, Oct. 21, 2026, at Joint Base Andrews, Md. (AP
Photo/Julia Demaree Nikhinson)
At issue in Thursday's hearing, though, was whether Smith had received
the legally required permission from the Department of Justice.
Assistant U.S. Attorney Matthew Feeley told the judge that Smith had
sent a letter to the department saying he would not testify without
permission, and the agency had not yet responded. Lett ordered the
department to respond to Smith by Nov. 2.
It seems unlikely that the department would grant Smith permission, or
that he would move forward without it.
Earlier in the hearing, Tobin, the BBC lawyer, argued that Smith has not
objected to being deposed for this case, meaning the only objection is
coming from Trump. Tobin said the BBC is not trying to relitigate the
events of Jan. 6, but Smith is one of the leading experts in what
happened that day, and his deposition could lead the BBC to evidence
that could help their case.
“We can argue later on whether his testimony is admissible," Tobin said,
“but we are entitled to that deposition.”
Trump's lawyer, Alejandro Brito, said Smith has no personal knowledge of
Trump’s Jan. 6 speech or Trump's state of mind when he gave it. All of
Smith’s knowledge about the case is secondhand, Brito argued, and the
special counsel's report, along with Smith’s testimony before Congress,
is all public and available to the BBC’s attorneys.
Judge says the BBC can see membership records for Mar-a-Lago
The judge agreed that the BBC should be allowed to see records for the
total number of applications for membership at Trump's Mar-a-Lago resort
in Florida from Jan. 6, 2020, through Jan. 6, 2026, as well as the total
cost of membership and initiation fees for new applicants.
Tobin said one aspect of any defamation case is showing actual damages,
and the popularity of Mar-a-Lago is a significant indicator of Trump’s
reputation. The BBC's lawyer described the private club as “a place
where he exhibits his reputation in front of people who are important to
him.”
Brito argued that Trump does not actually run Mar-a-Lago, and that his
reputation is not associated with the club.
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